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Dwayne B., Lawyer

Category: Criminal Law

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Experience: Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.

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Deadline for Filing a Motion to Suppress Evidence.
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Resolved Question:

Deadline for Filing a Motion to Suppress Evidence.

I am trying to determine what the deadline is. In the North Dakota Rules of Criminal Procedure it says:

"(3) Motions That Must Be Made Before Trial. The following must be raised before trial:

(A) a motion alleging a defect in instituting the prosecution;

(B) a motion alleging a defect in the indictment, information, or complaint--but at any time while the case is pending, the court may hear a claim that the indictment, information or complaint fails to invoke the court's jurisdiction or to state an offense;

(C) a motion to suppress evidence;

(D) a Rule 14 motion to sever charges or defendants; and

(E) a Rule 16 motion."

........(c) Motion Deadline. The court may, at the arraignment or as soon afterward as practicable, set a deadline for the parties to make pretrial motions and may also schedule a motion hearing.

In the Notice of Pretrial Hearing it says:

"F. All pretrial discovery must be completed prior to the hearing, and all pretrial motions must be filed and served 20 calendar days prior to the pretrial hearing."

The pretrial hearing was May 9th. Does this mean it is now too late to file a suppression motion?

Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.

JD 1992 :

Yes, you are past the time limits. However, you can ask the court for an extension of time on this.

JD 1992 :

What are you trying to suppress?

Customer:

Evidence seized during the execution of a search warrant. Information supplied to the judge by the investigating agent was inaccurate. I the agent had conflicting statements in front of him and chose to use the ones most convenient to him. He did not advise the judge of numerous conflicting statements. Example, alleged victim stated she visited defendant's apartment before he lived there and before she even knew him.

Customer:

The actual crime charged did not occur at this apartment, but I believe that the obviously false statements should have an effect on this witness's credibility as far as probable cause. Her statements are basically all that is used as support for the warrant.

JD 1992 :

Are you representing yourself?

Customer: No. I have a local attorney. I found the above problems. They told me there was no basis to suppress. They didn't tell me that the deadline had passed

JD 1992 :

They can file a motion to extend time but they will have to have a reason if you expect it to be granted.

JD 1992 :

I'm not familiar enough with the fact to guess whether there is a good basis for a Motion to Suppress but if there is any doubt then it is better to file it.

Customer: That was my thought. I'm just afraid they said it wasn't a good idea because they had missed the deadline. I don't know what kind of reason there would be for an extension

JD 1992 :

Nothing is apparent from your facts. However, he should file the motion anyway and seek an extension. Something can always happen that delays the trial and then the Motion to Suppress would be timely.

Customer: The trial itself isn't scheduled until September

JD 1992 :

He may be able to get an extension then since it is so far away.

Customer: Ok. Well I still have to try to convince them to file it

JD 1992 :

Yes, almost all of them are denied but it gives you a point for appeal.

JD 1992 :

Anything else?

JD 1992 :

Please ask any follow up questions in this thread. When all of your questions have been answered, then I would ask that you give a Positive Rating (of course I'd suggest Excellent) since that is the only way I get credit for my work and also please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. When looking at the answer I ask you to bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.

However, please do not issue a rating of any kind until all of your questions have been answered and please use the Reply button to ask additional questions or to provide answers to my questions.

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